Evolution Of Ars 13-1411: A Law's Journey

ARS 13-1411, which defines bestiality as a crime, became law in Arizona in 1864, nearly 50 years before Arizona became a state. The law was recodified in 1913, a year after Arizona became a state, and was further modified in 1977.

Animal cruelty

The Arizona Revised Statutes (ARS) have been updated to include the revised sections from the 56th Legislature, 2nd Regular Session. However, the online version of the ARS is primarily maintained for legislative drafting purposes and reflects the version of the law that is effective on January 1st of the year following the most recent legislative session.

ARS 13-2910 became law in 2024, and it defines animal cruelty as the intentional or reckless infliction of harm on an animal through cruel mistreatment, neglect, cruelty, or abandonment. This law is a Class 5 felony, punishable by over two years in state prison.

There are several ways to violate Arizona's animal cruelty laws, including:

• Recklessly subjecting any animal to cruel mistreatment
• Intentionally, knowingly, or recklessly killing any animal without legal privilege or consent of the owner
• Recklessly interfering with, killing, or harming a working animal or service animal without legal privilege or consent of the owner
• Intentionally or knowingly leaving an animal unattended and confined in a motor vehicle, likely to cause physical injury or death
• Intentionally or knowingly subjecting a domestic animal to cruel mistreatment
• Intentionally or knowingly subjecting any animal to cruel neglect or abandonment, resulting in serious physical injury
• Intentionally or knowingly harassing a working animal in a law enforcement vehicle or trailer without legal privilege or consent of the owner

The term "animal" in this statute refers to mammals, birds, reptiles, or amphibians. "Cruel mistreatment" means to torture or inflict unnecessary serious physical injury on an animal. "Cruel neglect" means failing to provide an animal with necessary food, water, or shelter. "Domestic animal" refers to pets or companion animals, and "service animal" refers to animals that help their owners with daily living tasks and are trained not to pose a danger to the public.

There are defences available for those accused of animal cruelty, including accidentally harming an animal, being exempt under the law, or acting in self-defence.

A violation of ARS 13-2910 can be charged as either a misdemeanour or a felony, depending on the facts of the case. A Class 5 felony is the most serious charge, punishable by up to two years and six months in prison. On the other hand, a Class 1 misdemeanour is the least serious charge, punishable by up to six months in jail.

Bestiality, defined by ARS 13-1411, is a related offence to animal cruelty. It is defined as knowingly engaging in or causing someone else to engage in oral sexual contact, sexual contact, or sexual intercourse with an animal.

Bestiality

The Arizona Revised Statutes (ARS) § 13-1411, which defines the crime of bestiality, was amended in 2024. Here is a detailed overview of the law:

Penalties for Bestiality

Committing bestiality is a class 6 felony. However, if the perpetrator causes a minor under 15 years of age to engage in such acts, it becomes a class 3 felony punishable under ARS § 13-705.

Additional Penalties

In addition to any other penalties, the court may order the convicted person to undergo a psychological assessment and participate in counselling at their own expense. They may also be required to reimburse an animal shelter for any reasonable costs incurred for the care of animals taken to the shelter as a result of the offence.

Exemptions

The law does not apply to accepted veterinary medical practices performed by licensed professionals, insemination of animals by the same species bred for commercial purposes, or accepted animal husbandry practices that provide necessary care for commercially bred animals.

Related Offences

History of ARS § 13-1411

The Arizona Revised Statutes, Title 13, Chapter 14, § 13-1411, which defines the crime of bestiality, was adopted in 1977. The most recent amendment to this statute took place in 2024, with changes taking effect on September 14, 2024.

Dogfighting

In the United States, dogfighting was once a legal and sanctioned activity during the colonial period and well into the Victorian era. It became part of American culture and was even promoted by organizations like the United Kennel Club. However, as the sport grew in popularity, opposition to it also increased. By the early 20th century, the United Kennel Club withdrew its support, and by the 1960s, most states had made it illegal. It was only in 1976 that dogfighting was outlawed in all states, but even then, enforcement was generally lax.

The late 20th century saw an increase in law enforcement efforts to combat dogfighting rings, which were often linked to organized crime, drug distribution, and social problems. In 2007, the issue gained widespread attention when evidence surfaced of a dogfighting ring operating on the property of professional football player Michael Vick. This led to guilty pleas and felony charges for several individuals involved, including Vick himself, who received a 21-month federal sentence.

To address the issue, the U.S. Congress passed a federal law in 2007, imposing felony-level penalties, including multi-year prison sentences and hefty fines for each offense. This was followed by increased involvement from Special Agents of the Office of the Inspector General of the U.S. Department of Agriculture in investigations across the country. Additionally, in 2014, President Obama signed the Farm Bill, which included the Animal Fighting Spectator Prohibition Act, making it a federal offense to attend or bring a child under 16 to an animal fight.

Cockfighting

In Arizona, cockfighting is defined and prohibited by ARS 13-2910.03, which became law in 1998. This statute outlines the offence and penalties for cockfighting, which is classed as a felony.

Offence

• Owns, possesses, keeps, or trains any cock (male chicken) with the intent that it engages in fighting with another.
• Causes any cock to fight with another, or to injure each other, for amusement or gain.
• Permits any of the above acts to occur on any premises under their charge or control.

Penalties

Arizona abortion laws

Arizona's abortion laws have been subject to change in recent years, with the state's voters approving Proposition 139 in November 2024. This proposition established a fundamental right to abortion under the Arizona Constitution, which took effect on November 25, 2024. This means that Arizonans now have a constitutional right to access abortion care.

Under this new constitutional provision, abortion care can be accessed by Arizonans prior to fetal viability. After fetal viability, abortion care can be accessed when necessary to preserve the life or physical or mental health of the mother, based on the good-faith judgment of a treating healthcare professional.

The Arizona Constitution defines "fetal viability" as:

> [T]he point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.

The new constitutional provision also prevents the government from penalizing any person or group who helps a pregnant person access lawful abortion care.

Prior to this change, Arizona had a long list of restrictions on abortion, including a 15-week abortion ban. In December 2024, the state's Attorney General, Kris Mayes, agreed not to enforce this ban while a new lawsuit over the law was ongoing. This lawsuit, filed on behalf of Arizona abortion providers, argued that the state's 15-week ban was unconstitutional in light of the new constitutional right to abortion.

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